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SC deems SJB MP’s move unconstitutional

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‘How Parliament violated Standing Orders and Constitution in gazetting twice rejected controversial Bill’

By Shamindra Ferdinando

The Federation of National Organisations (FNO) says the move to secure parliamentary approval for the controversial Bill titled ‘Human Rights Organisation (Incorporation) Act’ should be inquired into at the highest political level.

The Supreme Court bench comprising Chief Justice Jayantha Jayasuriya, PC, Justice Mahinda Samayawardhena and Justice Arjuna Obeyesekere has ruled that Clause 6 of the Bill is not consistent with Article 76(1) of the Constitution. The SC has also ruled that Clause 7 of the Bill is not consistent with Articles 3, 4 and 12(1) of the Constitution. Having said so, the SC declared that in terms of the Article 123(2) of the Constitution, the Bill should be passed by a special majority in line with paragraph (2) of Article 84 and endorsed at a Referendum.

Dr. Wasantha Bandara, Raja Goonerathne and Nuwan Ballantudawa moved the SC in terms of the Article 121 of the Constitution. In their petition, the Attorney General was named the respondent whereas Ms Kanishka de Silva Balapatabendi, SSC and Ms Indumini Randeny, SC appeared for the AG. Chamara Nanayakkarawasam, Dinesh De Silva and Dimuthu Fernando represented the petitioners.

Dr. Bandara yesterday (8) said that the FNO would be soon writing to Samagi Jana Balavegaya (SJB) Chief Sajith Premadasa, who is also the Opposition Leader, as the Bill in question had been submitted to Parliament as a Private Member’s Bill by its National List MP Tissa Attanayake.

Responding to queries raised by The Island, Dr. Bandara said that the FNO recognized the right of lawmakers to present Private Members’ Bills. “There cannot be any dispute over that privilege. We respect MP Attanayake’s right. However, we do not see any harm in seeking a clarification from the MP concerned and the party he is representing”.

Dr. Bandara said that the same Private Bill had been previously submitted by Hunais Farook (2013) and Ali Zahir Moulana (2015) on behalf of the All Ceylon Makkal Congress (ACMC) and the UNP, respectively. However, on both occasions, they had failed to proceed with the project though MP Attanayake, one-time General Secretary of the UNP brought it back, Dr. Bandara said.

Dr. Bandara said that the SC, in its ruling acknowledged the petitioners’ principle argument that the Bill had been gazetted on July 20, 2021 and placed on the Order Paper of Parliament on August 3, but without obtaining the Attorney General’s opinion. Therefore the procedure adopted by Parliament not only violated Standing Orders but Article 78 (2) of the Constitution as well, the SC noted on the basis of submissions made on behalf of the petitioners.

Dr. Bandara said that they moved the SC immediately after the first reading of the Bill. Responding to another query, Dr. Bandara said that the FNO would also write to Speaker Mahinda Yapa Abeywardena in that regard as Parliament Secretary General Dhammika Dasanayake had adopted a strategy in violation of Standing Orders and the Constitution.

Dr. Bandara emphasised that lawmaker Attanayake’s move should be studied taking into consideration the continuing efforts to punish the war-winning Sri Lankan military and other security authorities in terms of Geneva Resolutions passed since Oct 1, 2015. Asked whether the FNO would take up the issue with the SLPP government, Dr. Bandara said that they backed the ruling party at both presidential and parliamentary polls in 2019 and 2020, respectively. One of the primary issues at the last national elections was Western and their allies interfering here, Dr. Bandara said, adding that their agenda seemed obviously on track.

The FNO wouldn’t have to move SC if Parliament sought the opinion of the AG, Dr. Bandara said. The move to establish what Dr. Bandara called an organisation parallel to the Human Rights Commission of Sri Lanka portends a grave danger, the nationalist civil society activist said.

The torpedoed Bill comprised 15 Clauses, Dr. Bandara said, urging the SJB to examine how one of its National List MPs got involved in the project against the country’s interest. Noting that political parties represented in Parliament had been largely silent on the issue at hand, Dr. Bandara questioned the rationale in pushing for the establishment of a new organisation as already HRCSL was in place.

Dr. Bandara said that the government couldn’t be unaware that such Bills had been prepared by interested parties with the involvement of external players over a period of time. Actually, party leaders should take up the issue with the Speaker and the Secretary General of Parliament as the House violating Standing Orders and the Constitution couldn’t be accepted under any circumstances.

The Island

learns that the FNO had consulted the HRCSL before moving the SC.

Dr. Bandara said that in spite of various statements made by different government spokespersons and the much publicised declaration in March 2020 that Sri Lanka quit 2015 resolution, the country was still on the Geneva agenda. The government was yet to properly respond to the Geneva threat and remained utterly unfocussed much to the disappointment of the vast majority of people, he said.

The fact that Army Chief General Shavendra Silva, who is also the Chief of Defence Staff (CDS) remained blacklisted by the US since Feb 2020 should serve as a grim reminder to the challenge the country faced.



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Those who benefited from irregular and unregulated systems are currently opposing the reform efforts of the government – PM

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Prime Minister Dr. Harini Amarasuriya stated that those who benefited from irregular and unregulated systems are currently opposing the reform efforts of the government and that the government possesses a coherent and methodical strategy aimed at addressing the public’s concerns through sustainable and permanent solutions, rather than offering temporary responses.

The Prime Minister made these remarks today (03 May), while addressing a public gathering held in the municipalities of Kaduwela and Dehiwala, Mount Lavinia.

Addressing the gathering, Prime Minister further stated:

You are well aware of the state the country was in when we assumed office. It is not only the political culture that necessitated change, but a similar transformation was also required within the public sector. That transformation is currently underway.

In addressing issues such as flooding, our response has been limited to relief services. However, we must move beyond that and implement systems to minimize and manage such disasters. This same pattern where temporary solutions were implemented without proper mechanisms can be seen across all sectors. Similarly, the public service has become accustomed to this ineffective approach.

When systemic reforms are introduced in a culture that is accustomed to disorder, those who previously benefited from the irregularities perceive these changes as a threat to their interests and therefore resist. These groups are attempting to obstruct the process of transformation.

Nevertheless, the country cannot progress under the prevailing methods. It was precisely due to such flawed systems that our economy collapsed. Now, with a methodical and structured approach, the government is steadily restoring economic stability. These systems are being developed to equip the nation to face ongoing and future economic challenges.

Decisions taken by U.S. President Donald Trump has had significant global ramifications, impacting both Europe and Asia. The long-standing belief that certain countries will always dominate the global economy is being challenged. Amidst this shift, new economic opportunities are arising, and Asia is poised to take a leading role in the global economic order. Sri Lanka must therefore determine where it stands within this evolving context. To do so, we must manage our international relations prudently and establish transparent governance systems. Our objective is to achieve long-term stability through these means.

We have not yet been able to fill teacher vacancies, which has led to a crisis. The lack of planning and reactive decision-making have severely affected the education sector. This is indicative of the wider trend across national issues offering surface-level solutions while failing to resolve the underlying causes. It is imperative that this government works in such a way that no unresolved issues are passed on to the next administration.

The grade five Scholarship examination has become a matter of concern. The issue does not lie in the awarding of scholarships, but in the necessity for students to transfer to schools with better facilities in order to access them. To rectify this, the disparities among schools must be addressed. The government has already commenced work in this regard through a planned and coordinated approach.

We continue to identify the problems faced by citizens and develop both short-term and long-term solutions accordingly. Step by step, we are moving forward in rebuilding international confidence, attracting investment, and laying a strong foundation for the country’s future.

The implementation of the law by the police was previously hindered by the political culture which prevailed at the time. These institutional issues are now being rectified.”

The Prime Minister underscored that the establishment of a constructive political culture is essential for the development of the country and that public support is vital in advancing the government’s national development agenda.

[Prime Minister’s Media Division]

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Heat Index at Caution Level at some places in Eastern, Northern and North-central provinces and in Monaragala, Hambantota and Kurunegala districts

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Warm Weather Advisory
Issued by the Natural Hazards Early Warning Centre of the Department of Meteorology at 3.30 p.m. 02 May 2025, valid for 03 May 2025

Heat index, the temperature felt on human body is likely to increase up to ‘Caution level’ at some places in Eastern, Northern and North-central provinces and in Monaragala, Hambantota and Kurunegala districts

The Heat Index Forecast is calculated by using relative humidity and maximum temperature and this is the condition that is felt on your body. This is not the forecast of maximum temperature. It is generated by the Department of Meteorology for the next day period and prepared by using global numerical weather prediction model data.

Effect of the heat index on human body is mentioned in the above table and it is prepared on the advice of the Ministry of Health and Indigenous Medical Services.

ACTION REQUIRED

Job sites: Stay hydrated and takes breaks in the shade as often as possible.
Indoors: Check up on the elderly and the sick.
Vehicles: Never leave children unattended.
Outdoors: Limit strenuous outdoor activities, find shade and stay hydrated.
Dress: Wear lightweight and white or light-colored clothing.

Note:
In addition, please refer to advisories issued by the Disaster Preparedness & Response Division, Ministry of Health in this regard as well. For further clarifications please contact 011-7446491.

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President to undertake a state visit to Vietnam on May 04

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At the invitation of the President of Vietnam,  Luong Cuong, President Anura Kumara Disanayake will undertake a State Visit to Vietnam from May 4 to 6. Accordingly, the President is scheduled to depart Sri Lanka tonight [May 3].

This visit marks the celebration of 55 years of diplomatic relations between Sri Lanka and Vietnam and is expected to further strengthen the long-standing bilateral ties between the two nations.

During the visit, President Disanayake will hold official discussions with the President and Prime Minister of Vietnam. He is also scheduled to meet with senior dignitaries, including the General Secretary of the Communist Party.

President Anura Kumara Disanayake will also participate as the Chief Guest at the United Nations Vesak Day celebrations, scheduled to commence on May 6 in Ho Chi Minh City, where he will deliver the keynote address.

Several Memorandums of Understanding and Agreements are expected to be signed during the visit and discussions will be held with the Vietnamese business community to explore avenues for enhanced cooperation.

Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, along with a delegation of senior government officials, will accompany President Disanayake on this official visit.

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